University of Nebraska College of Law - Yearbook (Lincoln, NE)

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A 'WORD OF ADVICE BY PROFESSOR GEORGE D. AYERS It goes without saying that a professor will wish his students, about to enter upon the practice of the law, the greatest possible success, and will advise them to keep their studies always in mind. There are other things, however, trite and commonplace, if you will have them so, that ought to be said-things, perhaps, that can be said more effectually now than at any other time. Some of these things have been set down herein-not as matters about which infor- mation is sought and given, but as points upon rules of life and conf duct which all know, and, knowing which, should try never to forget. Primarily the law is not a business but a profession, and every lawyer is the sworn officer of the court, as well as the attorney. solicitor, and counsel of his client. Besides these relations, he occu- pies one towards all other lawyers. Since they all must be admitted to the bar and take their official oath-which is not a mere form- before they can practice, they belong to a quasi-fraternity, and are, as it were, brethren of the same order. From these facts it follows that every lawyer, as a lawyer, owes obligations to his brother law- yers as well as to his clients-obligations also to the court and through as well as outside of the court to his state and country. A lawyer never should forget that he belongs to a profession of gentlemen. All men ought to be gentlemen. A lawyer should take the strictest pains never to be otherwise-a true knight, faith- ful, painstaking, patient, courteous, and yet firm with his clients: just and honorable in his dealings with counsel and attorneys of clients opposed to his own, careful not to infringe on the rights of the court and to give it due deference, honor and respect and be as prompt to defend and protect the laws of his state and country as he is quick to see that his client obtains all that law, justice, good faith, and honorable dealing require. A lawyer always should bear in mind that not only is he his client's attorney,-his agent before the court and otherwise, to rep- resent him in his just desires and in his endeavor to secure his rights, but also-what is far more important-that he is his client's counsel. He is not merely an attorney. He is a counselor at law. As such, it is his duty, not merely to advise his client as to his legal rights, but also never to forget that his client owes legal duties. No 87

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the judge. Now, it was the judge's idea that a lawyer not only ought to have a reasonable knowledge of technical law, but that he ought to have some general information outside of the law as well. Therefore, he often asked questions upon matters wholly outside of matters legal. In this case, the judge leaned forward, toward the candidate, with savage mien, and shaking his head until his long hair was extended into the surrounding air, in stentorian tones pro- pounded the following: 'fMr. Candidate, where is the Amazon P If this particular candidate ever had any acquaintance with geog- raphy, the manner of the judge entirely frightened it out of him, and he promptly answered, In Africa. The subsequent career at the bar of this particular candidate shows that one may be an effi- cient lawyer and achieve high place at the bar, and still carry the impression that the Amazon is in Africa, for the committee did not by word or act indicate that the answer was wrong. Wliile in those days candidates for the bar were usually very ill-prepared and the examinations scarcely more than a farce, yet there were often exceptions to this general rule. There were am- bitious young men in those days who, in the absence of advantages furnished by a course of study in a college of law, yet mastered the elements of law under the guidance of some friendly practitioner, and were able to pass with credit the most rigid examination. How- ever, the fact that these examinations were usually nominal, and that candidates were seldom rejected, deprived students of those days of one of the stimulants to thorough work, and the busy law office is in many respects one of the worst places in which to pursue the systematic study of the law. fi' Oiling the Magna Charta 86

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counselor at law who realizes and endeavors to perform the obliga- tions of his most honorable office will sit quietly by while he has reason to thi-nk that his client, in matters in which he, the counsel, is employed, is acting against or in evasion of the law of the land and good conscience. The criminal has rights and is entitled to a fair, earnest, and courageous defense and to the proper protection of the law. It is one thing, however, to see that these rights are secured and main- tained when clients are charged with the commission of past' of- fenses, it is quite another thing to advise, permit, or wink at one's client's cunning and pretended performance of what is required by the forms of law while actually evading its provisions, working against its intent and doing those acts which are against the inter- ests of the community and in derogation of the moral law. A lawyer need not be a crank in order to do what is right. A firm but unobtrusive and tactful attitude in regard to the matters which he has in hand, a quiet word, dropped at the right time, to the right man in the right place, will do far more good than lime- light posing and volumes of holier-than-thou denunciation. Talk is sometimes advisable, although not so often as we think necessary and useful, but a good example is always effective. Four more things ought never to be forgotten: never lose sight of your common sense, keep always at hand your sense of humor, cultivate actively and judiciously the powers of your imagination and hold with unyielding tenacity to the highest ideals. The more each lawyer cultivates actively these four things, while attending thoroughly to the study and work of his practice, the better the lawyer and the more of a man will he be. VVe all of us know the value of common sense, although we may fail often in its practice, but do we realize the value to ourselves and others of preserving, for use at the proper time and the right place, our sense of humor? It is not so much that we should be able to amuse and entertain others. Such a gift is useful but not imperatively demanded. It is of great moment, however, that, by the aid of a well-regulated gpgyqp Ni-.11 Yana wuanj UN TRIFLE5 Bur CnNnEN5E, 'STRIKE W,-ru THE M1155 DF THUUGHT Nur Harms DF SENSE. 88